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Home My WebLink About09375 ORD - 05/28/1969AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A USE PRIVILEGE AGREEMENT WITH WILLIAM M. TOSHEFF FOR THE OPERATION OF SMALL SCOOTER BOATS IN THE MARINA, FROM MAY 31, 1969 TO APRIL 30, 1972, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS AT- TACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CITY MANAGER BE, AND HE IS HEREBY, AUTHORIZED AND DIRECTED, FOR AND ON BEHALF OF THE CITY, TO EXECUTE A USE PRIVILEGE AGREEMENT WITH WILLIAM M. TOSHEFF, FOR THE PRIVILEGE OF USING A PORTION OF THE MARINA FOR THE OPERATION OF A SMALL SCOOTER BOAT CONCESSION, FROM MAY 31, 1969, TO APRIL 30, 1972, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH 15 ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE FACT THAT THE SUMMER RECREATION PERIOD IS AT HAND AND IT WILL BE ADVANTAGEOUS TO THE PUBLIC TO HAVE THE AFORESAID CONCESSION AVAILABLE TO THE PUBLIC FOR SUCH RECREATION PERIOD CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED THAT SUCH EMERGENCY AND NECESSITY EXIST, HAVING REQUESTED THAT SUCH CHARTER RULE BE SUS- PENDED AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE 28TH DAY OF MAY, 1969. ATTE 1 CI Y SEC ET Y Y AP�ED: THE CITY F CORPUS CHRISTI, TEXAS 196 . CITY AT TORN 9375 ., BJW :5/28/69 SCOOTER BOAT CONCESSION AGREEMENT THE STATE OF TEXAS I KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES E s THIS AGREEMENT IS MADE AND ENTERED INTO BY AND BETWEEN THE CITY OF CORPUS CHRISTI, A MUNICIPAL CORPORATION LOCATED IN NUECES COUNTY, TEXAS, HEREINAFTER CALLED "CITY ", AND WILLIAM M. TOSHEFF, HEREINAFTER CALLED "PERMITTEE"' FOR THE CONCESSION, USES AND PRIVILEGES AT THE LOCATION AND UNDER THE TERMS HEREINUNDER PROVIDED: I FOR A MONTHLY RENTAL OF TEN DOLLARS ($10.00) PER MONTH, PLUS TEN PERCENT (10 %) OF THE GROSS RECEIPTS OF RENTAL FOR THE PERIOD OF THE PERMITTEE SHALL HAVE THE RIGHT TO CONDUCT THE BUSINESS OF OPERATING SMALL SCOOTER BOATS IN THE MARINA. THE EXACT LOCATION FOR THE OPERATION OF THIS CONCESSION WILL BE DETERMINED BY THE DIRECTOR OF THE MARINA DEPARTMENT. IF THE REVISED POLICIES OF THE CITY WITH RESPECT TO THE AMOUNT OF SLIP RENTAL OR TO THE FINANCIAL TERMS OF CONCESSION CONTRACTS I.E., THE PERCENT OF GROSS INCOME TO BE PAID BY THE CONCESSIONAIRE TO THE CITY ARE CHANGED DURING THE TERM OF THIS LEASE, THE CITY SHALL HAVE THE RIGHT TO CHANGE THIS LEASE AGREEMENT SO AS TO CONFORM TO THE REVISED POLICIES. IN THE EVENT THE LESSOR DOES SO CHANGE THIS LEASE AGREEMENT, LESSEE SHALL HAVE THE OPTION FOR A PERIOD OF THIRTY (30) DAYS FROM NOTICE OF SUCH CHANGE TO TERMINATE THIS LEASE. II THE BOATS SHALL BE DESIGNED SO AS TO BE UNSINKABLE AND SHALL MEET U. S. COAST GUARD SPECIFICATIONS. THE RENTALS WILL NOT EXCEED $2.50 PER BOAT PER HALF -HOUR. NO CHILD UNDER TEN YEARS OF AGE WILL BE PERMITTED TO RENT ANY BOAT. U. S. COAST GUARD APPROVED LIFE JACKETS WILL BE FURNISHED FOR EACH PERSON WITHOUT ADDITIONAL FEE. EACH PERSON WILL BE REQUIRED TO WEAR A U. S. COAST GUARD APPROVED LIFE JACKET AT ALL TIMES. PERMITTEE WILL PROVIDE A PICK -UP BOAT AT ALL TIMES, EQUIPPED WITH OUTBOARD MOTOR TO PROVIDE RESCUE SERVICES. A FLOATING DOCK WILL BE PROVIDED TO PROVIDE SAFE ENTRY OF CUSTOMERS INTO AND OUT OF BOATS. NO RENTALS WILL BE PERMITTED AFTER ONE HOUR AFTER SUNDOWN. ANY PROPOSED IMPROVEMENTS TO BE MADE BY PERMITTEE, SUCH AS NEW SIGNS, AWNINGS, TICKET BOOTHS OR OTHER SUCH EQUIP- MENT ARE SUBJECT TO APPROVAL BY CITY. BEFORE CONDUCTING ANY BUSINESS, THE PERMITTEE SHALL CARRY FOR THE BENEFIT OF THE PUBLIC, NAMING THE CITY AS INSUREDI PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE, HAVING PROVISIONS THEREIN TO PROTECT THE CITY IN ALL RESPECTS FROM ANY CLAIMS WHICH MIGHT BE PRESENTED BY REASON OF THE OPERATION OF THE BUSINESS. THE CONDITION OF THE OPERATING PREMISES THE CONDITION OF THE MARINA OR THE CONDITION OF THE PROPERTY OF THE PERMITTEE AND SAID INSURANCE SHALL BE EVIDENCED BY CERTIFICATE FURNISHED TO THE CITY SECRETARY WITH LIMITS OF $160,000 PER PERSON AND $300000 FOR EACH OCCURRENCE OF PERSONAL INJURY AND $5,000 FOR EACH OCCURRENCE OF PRO- PERTY DAMAGE. IV THE PERMITTEE HEREBY RELEASES THE CITY FROM ALL DAMAGES AND CLAIMS OF ALL AND ANY SORT, WHETHER TO PERSON OR TO PROPERTY, ARISING INCIDENT TO THE PERMITTEE'S USE OF THE PREMISES OR ARISING DURING THE PERMITTEE'S USE OF THE PREMISES AND AGREES TO HOLD THE CITY HARMLESS FROM ANY DAMAGE SUSTAINED BY PERMITTEE OR BY ANY OF HIS AGENTS, EMPLOYEES OR INVITEES, AND TO INDEMNIFY THE CITY AGAINST ANY AND ALL CLAIMS FOR SUCH LOSSI DAMAGE OR INJURY. V PERMITTEE AGREES THAT HE WILL PROMPTLY EXECUTE AND FULFILL ALL ORDINANCES AND REGULATIONS OF THE STATES COUNTY, CITY AND OTHER GOVERN- MENTAL AGENCIES APPLICABLE TO SAID PROPERTY, AND ALL ORDINANCES OR REGULA- TIONS IMPOSED BY THE BOARD OF HEALTHY SANITATION AND POLICE DEPARTMENTS OF THE CITY FOR THE CORRECTION, PREVENTION AND ABATEMENT OF NUISANCES IN OR UPON OR CONNECTED WITH SAID PROPERTY DURING THE TERM OF THIS PERMIT AT PERMITTEE'S SOLE EXPENSE AND COST. -2- VI PERMITTEE SHALL NOT PLACE, PAINT OR OTHERWISE AFFIX ANY SIGNS ATE OR ON OR ABOUT THE PROPERTY OR-ANY PART THEREOF, EXCEPT WHERE AND AS FIRST APPROVED IN WRITING BY THE CITY. THE CITY SHALL HAVE THE RIGHT AT ANY TIME TO REQUIRE PERMITTEE TO REMOVE, PAINT OR REPAIR THE SIGNS ALLOWED. SHOULD PERMITTEE NOT REMOVES PAINT OR REPAIR SAID SIGNS WITHIN TEN DAYS OF DEMAND THEREFOR IN WRITINGS THE CITY MAY FULFILL ITS DEMANDS AND CHARGE THE EXPENSE OF SAME TO PERMITTEE. VII NO ASSENT, EXPRESS OR IMPLIED, BY THE CITY TO ANY BREACH OF ANY OF PERMITTEE'S COVENANTS, AGREEMENTS' CONDITIONS OR TERMS HEREOF SHALL BE DEEMED OR TAKEN TO BE A WAIVER OF ANY SUCCEEDING BREACH OF ANY COVENANT, AGREEMENT, CONDITION OR TERM HEREOF. VIII THE CITY RESERVES THE RIGHT TO ENTER SAID PREMISES AT ANY TIME DURING THE EXISTENCE OF THIS LEASE FOR THE PURPOSE OF INSPECTING THE SAME IN ORDER TO DETERMINE WHETHER THE TERMS OF SAID LEASE ARE BEING OBSERVED AND CARRIED OUT. IX THE CITY SHALL HAVE A STATUTORY LANDLORDS LIEN AND IN ADDITION IT HEREBY IS GIVEN AN EXPRESS LANDLORD'S LIEN AS SECURITY FOR THE FIXED RENT HEREIN RESERVED, AS WELL AS ANY OTHER CHARGES OR EXPENSES ELSEWHERE HEREINABOVE OR HEREINAFTER DESIGNATED AS ADDITIONAL RENT UPON ALL THE GOODS, WARES CHATTELS IMPLEMENTS, FIXTURES, FURNITURE TOOLSp MACHINERY AND OTHER PERSONAL PROPERTY WHICH PERMITTEE NOW OR AT ANY TIME HEREINAFTER PLACED IN OR UPON SAID PROPERTY ALL EXEMPTIONS OF SAID PROPERTY OR ANY PART OF IT BEING HEREBY WAIVED. X PERMITTEE AGREES NOT TO SUBLET THE LEASED PREMISES OR ANY PART THEREOF WITHOUT THE CONSENT OF THE CITY IN WRITING. -3- WITNESS OUR HANDS THIS THE DAY OF _ > 19697 IN DUPLICATE ORIGINALS, EACH OF WHICH IS TO BE CONSIDERED AS AN ORIGINAL. ATTEST: CITY SECRETARY APPROVED: DAY OF ,1969: CITY ATTORNEY CITY OF CORPUS CHRISTI BY R. MARY IN TOWNSEND CITY MANAGER Corpus Christi, Texas 4ALday of , 190-1 TO THE WXJBERS OF THE CITY COUNCIL Corpus Christi, Texas For-the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspen- sion of the Charter rule or requirement that no ordinance or resolution shall be passed finally on the date it is introduced, and that such ordinance or resolution shall be read at three meetings of the City Council; I, therefore, request that you suspend said Charter rule or requirement and pass this ordi- nance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Y R THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jack R. Blackmon 5110,, Gabe Lozano, Sr. V. A. "Dick" Bradley. Jr. oial Eduardo E. de Ases Ken McDaniel W. J. "Wrangler" Roberts Ronnie Sizemore The above ordinance was passed by the following vote: Jack R. Blackmon �s D Gabe Lozano, Sr. V. A. "Dick" Bradley, Jr. Eduardo E. de Ases Ken McDaniel U W. J. "Wrangler" Roberts Ronnie Sizemore